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FederalDid not become law (session ended)41st Parliament, 1st Session

Bill C-4 explained in plain English

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill C-4
Full title
An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act
Current status
Did not become law (session ended)
Latest event
At second reading in the House of Commons
Last updated
Oct 3, 2011
Sponsor

Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
Oct 3, 2011
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill C-4 amends immigration, refugee, and marine transportation laws to create new powers for the Minister to designate irregular arrivals, impose restrictions on designated foreign nationals seeking permanent residence or protection, establish mandatory detention rules, increase penalties for human smuggling offences, and increase penalties under the Marine Transportation Security Act.

What It Means

Bill C-4, called the "Preventing Human Smugglers from Abusing Canada's Immigration System Act," makes significant changes to how Canada handles immigration and refugee protection, particularly for people arriving as part of groups. The bill creates a new category called "designated foreign nationals." The Minister of Immigration can designate a group arrival as irregular if examinations cannot happen quickly or if there are reasonable grounds to suspect human smuggling involving a criminal organization or terrorist group. Once someone is designated, they face several restrictions: 1. They cannot apply for permanent residence for five years after their refugee claim or protection application is finally decided. 2. If they already applied for permanent residence before being designated, processing stops for five years. 3. Officers can refuse to consider their applications if they fail to follow conditions without good reason and less than 12 months have passed since the waiting period ended. 4. They cannot apply for a temporary resident permit for five years. Designated foreign nationals must be detained when they arrive in Canada or when they are identified as designated after arrival. They stay detained until their refugee or protection claim is allowed, or until released by the Immigration Division or Minister. Initial detention reviews happen after 12 months, with further reviews every 6 months. The Immigration Division must impose prescribed conditions if they order release. People whose refugee protection is approved cannot become permanent residents without a permit unless they obtain specific documents, and people cannot become permanent residents while the Minister's application to end their refugee protection is pending. The bill also increases penalties for human smuggling. The offence now clearly applies when someone organizes entry knowing or not caring whether entry breaks immigration law. Minimum prison sentences are added: 3 years for offences involving fewer than 50 people if certain aggravating factors exist, and up to 10 years for larger groups with aggravating factors. Endangering someone's life or safety is listed as an aggravating factor when deciding penalties. For the Marine Transportation Security Act, penalties increase for failing to provide required vessel information before entering Canadian waters or failing to follow ministerial directions. The bill creates a new offence for vessels that don't follow directions. It also allows the Governor in Council to make regulations about sharing vessel information with government departments for safety or security purposes. The bill extends the time limit for prosecuting summary conviction offences from six months to either five or ten years, depending on the type of offence. Several sections do not come into force automatically; their start date will be set later by order of the Governor in Council.

What This Bill Does
  • Creates a 'designated foreign national' category for members of groups designated as irregular arrivals by the Minister
  • Allows the Minister to designate a group arrival as irregular if examinations cannot be conducted timely or if there are reasonable grounds to suspect human smuggling involving a criminal organization or terrorist group
  • Imposes a five-year ban on designated foreign nationals applying for permanent residence, measured from when their refugee or protection claim receives a final decision
  • Suspends processing of permanent residence applications for people who become designated after applying
  • Allows officers to refuse to consider permanent residence applications if applicants fail to comply with release conditions or reporting requirements without reasonable excuse within 12 months of the waiting period ending
  • Imposes the same five-year restrictions on designated foreign nationals applying for temporary resident permits
  • Prevents designated foreign nationals from requesting review of their case for permanent residence consideration until five years have passed
  • Mandates detention of designated foreign nationals upon entry or identification, to continue until refugee claim approval, release by Immigration Division, or ministerial release order
  • Establishes initial detention review after 12 months and further reviews every 6 months for designated foreign nationals
  • Requires prescribed conditions to be imposed when Immigration Division releases a designated foreign national
  • Allows the Minister to release designated foreign nationals if exceptional circumstances exist, with conditions as deemed necessary
  • Requires designated foreign nationals granted refugee protection to report to an officer in accordance with regulations
  • Prevents people from becoming permanent residents while the Minister's application to end their refugee protection is pending
  • Clarifies that designated foreign nationals granted protection only 'lawfully stay' in Canada if they become permanent residents or get a temporary permit
  • Removes the right to appeal a refugee protection decision for designated foreign nationals
  • Clarifies the human smuggling offence applies when someone organizes entry knowing or being reckless about whether entry violates immigration law
  • Adds minimum prison sentences for human smuggling: 3 years for offences involving fewer than 50 people with aggravating factors, 5 years if both life endangerment and criminal organization involvement occur, 5 years for groups of 50+ with one aggravating factor, and 10 years for groups of 50+ with both aggravating factors
  • Lists endangerment of life or safety as an aggravating factor when determining penalties for smuggling offences
  • Changes the definition of 'criminal organization' in smuggling provisions to match the Criminal Code definition
  • Extends limitation periods for prosecuting summary conviction offences from 6 months to 10 years for smuggling and related offences, and to 5 years for other offences
  • Increases penalties for individuals who fail to provide required vessel information before entering Canadian waters: up to $75,000 fine or 1 year imprisonment on indictment, or up to $50,000 fine or 6 months imprisonment on summary conviction
  • Creates new offence for vessel operators who don't follow ministerial directions: fines up to $200,000 or 1 year imprisonment for individuals on first offence (indictment), up to $500,000 or 2 years for subsequent offences, and fines up to $500,000 for corporations on first offence, $1,000,000 on subsequent offences
  • Creates new offence for vessels themselves that don't follow directions: fines up to $100,000 on first offence, $200,000 on subsequent offences
  • Increases penalties for providing false or misleading vessel information
  • Authorizes Governor in Council to make regulations about disclosing vessel information collected under the Marine Transportation Security Act to federal departments or agencies for safety or security purposes
  • Allows designation of irregular arrivals to apply retroactively to groups that arrived after March 31, 2009 but before the bill comes into force
Who Is Affected
  • Foreign nationals who arrive in Canada as part of groups the Minister designates as irregular arrivals
  • People designated as 'designated foreign nationals' by the Minister
  • Refugee claimants from designated groups seeking protection or permanent residence
  • Officers and immigration officials who process and detain foreign nationals
  • Immigration Division and Refugee Protection Division decision makers
  • People charged with or convicted of human smuggling offences
  • Vessel operators and owners subject to marine transportation security requirements
  • Individuals who fail to provide required vessel information or follow ministerial directions related to vessel security
  • Government departments and agencies that may receive disclosed vessel information for security purposes
  • Legal representatives handling immigration and refugee cases for designated nationals
Rights, Duties, Or Obligations
  • The Minister has the power to designate group arrivals as irregular, triggering automatic 'designated foreign national' status for group members
  • Officers must detain designated foreign nationals upon their entry to Canada
  • Officers must arrest and detain (or issue warrants) for people who become designated after entering Canada
  • The Immigration Division must review detention reasons after 12 months and every 6 months thereafter for designated nationals
  • The Immigration Division must impose prescribed conditions when releasing a designated national
  • Designated nationals must report to an officer if granted refugee protection, as required by regulations
  • Designated nationals must answer all questions truthfully when reporting and provide requested documents
  • The Minister may order release of a designated national in exceptional circumstances
  • Designated nationals cannot appeal refugee protection decisions
  • Designated nationals cannot become permanent residents for five years after their refugee or protection claim is finally decided
  • Officers can refuse to consider applications if conditions are breached without reasonable excuse within 12 months of the waiting period ending
  • Asylum seekers cannot become permanent residents while the Minister's cessation application is pending
  • Vessel operators must comply with ministerial directions or face penalties
  • Individuals must provide required vessel information before vessels enter Canadian waters
  • The Minister must follow Governor in Council regulations regarding disclosure of vessel information to federal agencies
Important Dates
  • Bill's first reading was June 16, 2011
  • Current status: at second reading in the House of Commons
  • Sections 18 to 23 and 25 to 32 come into force on a date or dates to be fixed by order of the Governor in Council (commencement date not yet determined)
  • Other sections (1–17, 24, 33–36) presumed to come into force on royal assent
  • Designation authority applies retroactively to group arrivals between March 31, 2009 and the date this section comes into force
  • Special transitional provisions apply for people already in detention when relevant sections come into force
Financial Or Tax Impacts
  • Increased enforcement costs associated with mandatory detention of designated foreign nationals for extended periods
  • Costs for additional detention review hearings (initial review after 12 months, then every 6 months)
  • Potential costs for administering reporting requirements for designated nationals granted protection
  • Court and prosecution costs for increased human smuggling charges with minimum sentences
  • Vessel operator compliance costs associated with new and increased penalties and information requirements
  • Administrative costs for Minister's office in making designation orders for irregular arrivals
  • Potential costs to the immigration system from delays in permanent residence and protection application processing
Enforcement Or Penalties
  • Mandatory detention of designated foreign nationals upon entry or identification
  • 5-year ban on permanent residence applications for designated nationals
  • 5-year ban on temporary resident permit requests for designated nationals
  • Officers' authority to refuse to consider applications if conditions are breached without reasonable excuse
  • Loss of appeal rights for designated nationals in refugee protection decisions
  • Prohibition on becoming permanent resident while Minister's cessation application is pending
  • Minimum 3 years imprisonment for human smuggling offences involving fewer than 50 people if life endangerment or criminal organization involvement occurs
  • Minimum 5 years imprisonment for human smuggling offences involving fewer than 50 people if both life endangerment and criminal organization involvement occur
  • Minimum 5 years imprisonment for human smuggling offences involving 50+ people if either life endangerment or criminal organization involvement occurs
  • Minimum 10 years imprisonment for human smuggling offences involving 50+ people if both life endangerment and criminal organization involvement occur
  • Maximum life imprisonment for human smuggling offences (existing penalty maintained)
  • Fines up to $75,000 and 1 year imprisonment for individuals failing to provide vessel information (indictment)
  • Fines up to $50,000 and 6 months imprisonment for individuals failing to provide vessel information (summary conviction)
  • Fines up to $200,000–$500,000 or 1–2 years imprisonment for individuals operating vessels that don't follow directions
  • Fines up to $500,000–$1,000,000 for corporations operating vessels that don't follow directions
  • Fines up to $100,000–$200,000 for vessels that don't follow directions
  • Extended limitation periods: 10 years for smuggling offences, 5 years for other immigration offences (previously 6 months)
Uncertainties Or Limits
  • The bill does not specify what 'timely manner' means for conducting examinations that would trigger designation authority
  • The bill does not define 'exceptional circumstances' that would justify ministerial release of a designated national before their detention period ends
  • The bill does not detail what 'prescribed conditions' the Immigration Division must impose on release; these conditions are to be set by future regulations
  • The bill does not specify what reporting requirements regulations will impose on designated nationals granted protection
  • The bill does not specify which particular future date or dates various sections will come into force; coming into force is deferred to orders of the Governor in Council
  • The bill does not clarify how the five-year restriction periods interact if a designated national's circumstances change (e.g., if their protection status changes)
  • The bill does not specify what happens if a designated national is released and re-detained during the restriction period
  • It is unclear whether the five-year bars apply if a person was part of a designated group but escaped detention before designation was formally made
  • The bill does not specify procedures for challenging or appealing a ministerial designation decision
  • The provision allowing retrospective designation to arrivals since March 31, 2009 leaves unclear how far back the Minister can go in practice
Laws Or Regulations Affected
Immigration and Refugee Protection Act
amended

Adds new provisions creating designated foreign nationals category, imposing five-year restrictions on permanent residence and temporary permit applications, establishing mandatory detention rules for designated nationals, preventing permanent residence during minister's cessation applications, removing appeal rights for designated nationals, and clarifying refugee travel document requirements.

Balanced Refugee Reform Act
amended

Changes rules so that refugee claimants whose initial approval is vacated may apply again within 12 months instead of facing the normal 12-month bar.

Marine Transportation Security Act
amended

Increases penalties for failing to provide vessel information or follow ministerial directions, creates new vessel offence, and authorizes regulations for sharing vessel information with federal agencies for safety or security purposes.

Criminal Code
referenced

Criminal organization and terrorist group definitions from the Criminal Code are adopted for use in determining minimum sentences under the immigration smuggling provisions.

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

A legislative summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. Meanwhile, the following executive summary is available. On 16 June 2011, the Minister of Public Safety introduced Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act (Preventing Human Smugglers from Abusing Canada’s Immigration System Act), in the House of Commons and it was given first reading. Bill C-4 amends the Immigration and Refugee Protection Act. Among other things it • authorizes the Minister to designate as an irregular arrival the arrival in Canada of a group of persons, the result of which is that some of the foreign nationals in the group become designated foreign nationals; • authorizes an officer or the Minister to refuse to consider an application for permanent residence; • provides that a person may not become a permanent resident as long as an application by the Minister for cessation of that person’s refugee protection is pending; • adds, as grounds for the detention of a permanent resident or foreign national, the existence of reasonable grounds to suspect that the person concerned is inadmissible on grounds of serious criminality, criminality or organized criminality; • provides that the Immigration Division must impose any prescribed conditions on the release of certain designated foreign nationals; • provides for detention rules and a review procedure that are specific to the detention of certain designated foreign nationals; • clarifies the authority of the Governor in Council to make regulations in respect of conditions of release from detention; • provides that certain designated foreign nationals may not apply to become permanent residents until the expiry of a certain period; • requires certain designated foreign nationals on whom refugee protection has been conferred to report to an officer; • authorizes the Governor in Council to make regulations respecting the reporting requirements imposed on certain designated foreign nationals; • provides that the offence of human smuggling is committed when a person organizes the coming into Canada of another person and knows, or is reckless as to whether, the entry into Canada is or would be in contravention of the Act; • provides for minimum punishments for the offence of human smuggling in certain circumstances; • in respect of the determination of the penalty to be imposed for certain offences, adds as an aggravating factor the endangerment of the life or safety of any person as a result of the commission of the offence; • changes the definition of “criminal organization” in Part 3 to give it the same meaning as in subsection 467.1(1) of the Criminal Code; and • extends the time for instituting proceedings by way of summary conviction from six months to five years. The enactment also amends the Balanced Refugee Reform Act to provide that a refugee protection claimant whose claim is rejected is not prevented from applying for protection earlier than 12 months after the day on which the claim is rejected, if it is rejected as a result of a vacation of the initial decision to allow the claim. The enactment also amends the Marine Transportation Security Act to increase the penalties for persons who fail to provide information required to be reported before a vessel enters Canadian waters or to comply with ministerial directions and for persons who provide false or misleading information. It creates a new offence for vessels that fail to comply with ministerial directions. It also amends the Act to authorize regulations respecting the disclosure of certain information for the purpose of protecting the safety or security of Canada or Canadians.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Jun 16, 2011
Completed

Bill C-4, An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act and the Marine Transportation Security Act, completed its first reading in the House of Commons on June 16, 2011.

Introduction and first reading, Jun 16, 2011
End of stage activity, Jun 16, 2011
Chamber sittings
Introduction and first reading - Jun 16, 2011

On June 16, 2011, the House of Commons introduced Bill C-4, debated various issues including labor disputes, and passed Bill C-2 (Fair and Efficient Criminal Trials Act) at second reading.

Step 2
Second reading
Oct 3, 2011
Not completed

Bill C-4 is currently at the second reading stage in the House of Commons, with debates having taken place on this stage.

Chamber sittings
Debate at second reading - Jun 21, 2011

The House of Commons sitting on June 21, 2011, featured extensive debate on back-to-work legislation for postal services and the introduction of a bill to combat human smuggling, alongside votes on budget implementation and supply motions.

During the second reading debate on Bill C-4, the Minister of Public Safety presented the "Preventing Human Smugglers from Abusing Canada's Immigration System Act," arguing it is crucial for national security and border integrity by deterring and prosecuting human smugglers, while opposition members raised concerns about the bill's potential impact on refugees and its constitutionality.

During the second reading debate on Bill C-4, Members of Parliament discussed the government's proposed measures to combat human smuggling and deter irregular migration, with various perspectives shared on the bill's impact on refugees and Canada's immigration system.

During a House of Commons debate on Bill C-4, an act addressing human smuggling, Members of Parliament discussed the bill's measures, with the opposition raising concerns about its impact on refugees and potential charter violations, while the government defended it as a necessary measure for border security and immigration system integrity.

Debate at second reading - Sep 19, 2011

During the second reading debate of Bill C-4 in the House of Commons, members of various parties expressed concerns about the bill's potential impact on refugees and its constitutionality, while the sitting also included tributes to Jack Layton and discussions on other national issues.

Debate at second reading - Sep 20, 2011

During a second reading debate on Bill C-4, Members of Parliament expressed differing views on its measures to deter human smuggling, with opposition members highlighting concerns about punishing refugees and government members emphasizing national security and fairness.

Debate at second reading - Sep 23, 2011

During the second reading debate on Bill C-4, Members of Parliament voiced strong opposition, arguing the bill unfairly targets refugees, violates charter rights, and does not effectively address human smuggling.

Debate at second reading - Sep 30, 2011

During a House of Commons sitting on September 30, 2011, MPs debated Bill C-4 at second reading, with significant concerns raised by opposition members regarding its impact on refugees and Canada's international reputation, while government members defended it as a measure against human smugglers.

Debate at second reading - Oct 3, 2011

On October 3, 2011, the House of Commons debated Bill C-7, the Senate Reform Act, with members discussing proposed changes to senator selection and term limits, alongside other routine parliamentary business.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Vic Toews
Sponsor party or district not listed
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced